What Documents You Will Need: The Trust and Probate Loan Checklist

For Trust Loans

Trust loans are secured by real property held in a revocable or irrevocable trust. The lender needs to verify the trust's existence, the trustee's authority, and the property's value. Here is the complete checklist:

Trust documentation

• Complete trust document or a fully executed trust certification signed by the trustee. If providing the full trust document, include all amendments.
• Trustee identification: Government-issued photo ID for all trustees who will sign loan documents.
• Death certificate (if the trust became irrevocable due to the death of the settlor/grantor).
• Successor trustee documentation (if the original trustee has passed or is incapacitated): prior trustee's death certificate or a signed resignation and acceptance of trustee.

Property documentation

• Property address and APN (assessor's parcel number)
• Most recent mortgage statement (if an existing mortgage or loan is on the property)
• Most recent property tax bill
• HOA information (if applicable): HOA contact, monthly dues, any outstanding assessments
• Insurance: current homeowner's insurance policy declaration page

Beneficiary information (for irrevocable trusts)

• List of all current beneficiaries, with their names and contact information
• Confirmation of whether 16061.7 notice has been sent (and if so, when and to whom)

For Probate Loans

Probate loans require evidence of the executor's or administrator's legal authority, along with the standard property information. Here is what you will need:

Probate authority documents

• Letters Testamentary or Letters of Administration: Certified copies, recently issued (within the last 90 days). Order multiple copies from the court clerk.
• Death certificate for the decedent
• Will (if there is one and it has been admitted to probate)
• IAEA authority confirmation: A copy of the court order confirming whether the executor holds full or limited IAEA authority. This determines whether a court order is needed for the loan.

Property documentation (same as trust loans)

• Property address and APN
• Most recent mortgage statement
• Most recent property tax bill
• HOA information if applicable
• Insurance declaration page

Executor/administrator identification

• Government-issued photo ID for the executor or administrator who will sign the loan documents

Where to Get Each Document

• Letters Testamentary / Letters of Administration: The Superior Court clerk's office in the county where probate is pending. Call ahead to ask about their process for issuing certified copies and the fee per copy.
• Death certificate: The county vital records office or the California Department of Public Health. Certified copies are typically $25 each. Order several.
• Trust document: The family's estate planning records, the attorney who drafted the trust, or a safe deposit box. If no one can locate it, contact the estate planning attorney who drafted it.
• Property tax bill: The county tax collector's website or the property owner's records. Many counties allow online lookups by APN.
• Mortgage statement: The servicer's website or the most recent mailed statement.

Tips to Speed Up the Process

• Gather everything before you call. Having all documents in hand before your first call with a lender speeds the process by days. You can often submit the package the same day you call, rather than spending two days tracking down items.
• Order multiple certified copies of Letters and death certificates. You will need copies for the lender, for escrow and title, and you may need additional copies for other financial institutions. Order at least four certified copies of each.
• Confirm the trust certification covers borrowing authority. A trust certification that does not specifically address the trustee's authority to borrow and encumber property will require a full trust document review, adding time. The certification should reference the trustee's powers to borrow and grant deeds of trust.
• Flag any known title issues upfront. If you know there is an old lien, a prior deed of trust that may not have been released, or any title issue, tell the lender at the start. It will not necessarily stop the loan, but dealing with it proactively is much faster than discovering it mid-process.

Frequently Asked Questions